ELECTRONICALLY FILED 2/28/2013 3:27 PM CV-2011-900037.00 CIRCUIT COURT OF MADISON COUNTY, ALABAMA JANE C.

SMITH, CLERK

IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA ) ) ) ) ) ) Plaintiff, ) ) vs. ) ) DR. VISTASP M. KARBHARI; DR. AMY ) ) BISHOP, a/k/a AMY BISHOP ) ANDERSON; and JAMES ANDERSON, ) ) ) Defendants. ) ) DR. JACQUELINE U. JOHNSON, as ) Personal Representative of THE ESTATE ) OF DR. ADRIEL D. JOHNSON, SR., ) deceased, ) ) ) Plaintiff, ) ) vs. ) ) DR. VISTASP M. KARBHARI; DR. AMY ) ) BISHOP, a/k/a AMY BISHOP ) ANDERSON; and JAMES ANDERSON, ) ) ) Defendants. SAMMIE LEE DAVIS, as Personal Representative of THE ESTATE OF DR. MARIA RAGLAND DAVIS, deceased,

CIVIL ACTION NO. : CV-11-900037

CIVIL ACTION NO. : CV-11-900038

NOTICE OF SERVICE OF DISCOVERY DOCUMENTS

TO:

Ms. Jane Smith, Clerk Madison County Courthouse 100 North Side Square Huntsville, AL 35801

PLEASE TAKE NOTICE that the following discovery documents have been served on all parties: Interrogatories Answers to Interrogatories Request for Production Response to First Request for Production Response to Second Request for Production Request for Admissions Response to Request for Admissions Notice of Intent to Serve Subpoena UAHuntsville’s Objections and Reponses to Plaintiffs’ Amended Rule 45 Subpoena

X

/s/ Stephen A. Sistrunk Randal H. Sellers (ASB-3398-E56R) Jay M. Ezelle (ASB-4744-Z72J) Stephen A. Sistrunk (ASB-4229-E63S) STARNES DAVIS FLORIE LLP 100 Brookwood Place Seventh Floor Birmingham, AL 35209 (205) 868-6000 (Telephone) (205) 868-6099 (Facsimile) E-mail: rsellers@starneslaw.com jezelle@starneslaw.com ssistrunk@starneslaw.com

CERTIFICATE OF SERVICE I hereby certify that on February 28, 2013 I electronically filed the foregoing with the Clerk of the Court using the Ala-File system and also served a copy of the foregoing by using the Ala-File system to the following: Sam Ingram Brian Mosholder CARPENTER, INGRAM & MOSHOLDER, LLP 303 Sterling Centre 4121 Carmichael Road Montgomery, AL 36106 J. Allen Brinkley BRINKLEY & CHESTNUT 307 Randolph Avenue P.O. Box 2026 Huntsville, AL 35804-2026 Douglas S. Fierberg Peter C. Grenier BODE & GRENIER, LLP Ninth Floor, Connecticut Building 1150 Connecticut Avenue, NW Washington, D.C. 20036 Joe Peddy Ethan R. Dettling SMITH, SPIRES & PEDDY, P.C. Suite 200, 2015 Second Avenue North Birmingham, AL 35203

/s/ Stephen A. Sistrunk Stephen A. Sistrunk (ASB-4229-E63S)

IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA ) ) ) ) ) ) Plaintiff, ) ) vs. ) ) DR. VISTASP M. KARBHARI; DR. AMY ) ) BISHOP, a/k/a AMY BISHOP ) ANDERSON; and JAMES ANDERSON, ) ) ) Defendants. ) SAMMIE LEE DAVIS, as Personal Representative of THE ESTATE OF DR. MARIA RAGLAND DAVIS, deceased,

CIVIL ACTION NO. : CV-11-900037

) ) ) ) ) ) ) Plaintiff, ) ) vs. ) ) DR. VISTASP M. KARBHARI; DR. AMY ) ) BISHOP, a/k/a AMY BISHOP ) ANDERSON; and JAMES ANDERSON, ) ) ) Defendants. DR. JACQUELINE U. JOHNSON, as Personal Representative of THE ESTATE OF DR. ADRIEL D. JOHNSON, SR., deceased,

CIVIL ACTION NO. : CV-11-900038

OBJECTIONS AND RESPONSES TO PLAINTIFFS’ AMENDED RULE 45 SUBPOENA COMES NOW The University of Alabama in Huntsville (“UAHuntsville”), on behalf of that person or persons designated by Plaintiffs as “Records Keeper” for UAHuntsville, and provides the following objections to Plaintiffs’ Amended Civil

Subpoena for Production of Documents Under Rule 45 (the “Document Requests” or “Request”). SPECIFIC OBJECTIONS AND RESPONSES 1. All records of any call or request to security or police originating from

Shelbie King Hall between November 1, 2009, and December 31, 2009, or for the provision of any such services at Shelbie King Hall during this same period of time. RESPONSE: As set forth in the Affidavit of Melissa J. Sisco, UAHuntsville previously searched the Computer Aided Dispatch Record Management System, the system used by UAHuntsville Police to record all dispatches, and located no responsive documents. Although UAHunstville objects to this Request because it is unreasonably cumulative and unduly burdensome, UAHunstville and Plaintiffs have agreed that UAHuntsville will obtain a cost estimate for searches of the system metadata to locate calls from the offices of Dr. Karbhari and President Williams, including their staff, between November 1, 2009 and December 31, 2009. UAHuntsville will provide this cost estimate to Plaintiffs. Subject to Plaintiffs’ advance payment of all costs, UAHuntsville will produce any responsive documents produced by this search.

2.

The name and last known address of any campus security officer

responding to any calls identified in item No. 1, above, including the date and time of each officer’s response. RESPONSE: UAHuntsville incorporates its Response to Request No. 1. If the metadata search reveals any responsive documents, then UAHuntsville will provide contact information for any security officer identified in such documents.

3.

All records of any call or requests for security or police services from the

offices of Dr. Vistasp Karbhari, then-President David Williams, and their respective staff,

including but not limited to Carol Jackson, Peggy Bower, Mary Beth Walker and Fay Hartman, between November 1, 2009, and December 31, 2009. RESPONSE: UAHuntsville objects to this Request because it seeks documents that are confidential, privileged, or exempt from discovery under any applicable privilege or protection against disclosure. Subject to the foregoing objections, UAHuntsville responds that it and Plaintiffs have agreed that UAHuntsville will search its telephone records and produce any responsive, non-privileged documents, subject to Plaintiffs’ agreement to pay the costs for such search and production.

4.

The name and last known address of any campus security officer

responding to any calls identified in item No. 3, above, including the date and time of each officer’s response. RESPONSE: 5. UAHuntsville adopts and incorporates its Response to Request No. 2.

Any and all records, reports or logs of campus security regarding the

provision, stationing or use of security personnel for Dr. Vistasp Karbhari or thenPresident David Williams, their respective staff, or at Shelbie King Hall, between November 1, 2009, and December 31, 2009. RESPONSE: 6. UAHuntsville adopts and incorporates its Response to Request No. 1.

The name and last known address of any campus security officer identified

in item No. 5 above, including the date(s) and time(s) of service. RESPONSE: 7. UAHuntsville adopts and incorporates its Response to Request No. 2.

Any and all records of any regular security detail at Shelbie King Hall

between November 1, 2009, and December 31, 2009.

RESPONSE:

UAHuntsville objects to this Request because the term “regular security detail” is vague and ambiguous. To the extent Plaintiffs use the term “regular security detail” to mean a specific officer stationed at a post at Shelbie King Hall, there was no such detail between November 1, 2009, and December 31, 2009. To the extent that Plaintiffs seek records of any responses to Shelbie King Hall by UAHuntsville police during that time, then UAHuntsville adopts and incorporates its Response to Request No. 1.

8.

The name and last known address of each campus security officer identified

in item No. 7 above, including the date(s) and time(s) of each officer’s detail. RESPONSE: 9. UAHuntsville adopts and incorporates its Response to Request No. 2.

All records of incoming and outgoing telephone calls between November 1,

2009, and December 31, 2009, for telephone numbers assigned to or used regularly by Dr. Vistasp Karbhari, then-President David Williams, Carol Jackson, Mary Beth Walker, Peggy Bower, Fay Hartman and Debra M. Moriarity. RESPONSE: 10. UAHuntsville adopts and incorporates its Response to Request No. 3.

All electronically-sent documents and communications that traveled

through any UAH server accounts of Dr. Vistasp Karbhari, then-President David Williams, Dr. Debra M. Moriarity, Peggy Bower, Mary Beth Walker or Fay Hartman, from November 1, 2009, through December 31, 2009, concerning Dr. Amy Bishop. RESPONSE: UAHuntsville objects to this Request because it is unduly burdensome and seeks documents that are confidential, privileged, or exempt from discovery under any applicable privilege or protection against disclosure. Subject to the foregoing objections, UAHuntsville is willing to produce any responsive, non-privileged documents subject to Plaintiffs’ advanced payments of the

costs of such a search and production. Because of the high costs of such search and production, Plaintiffs have agreed that UAHunstville does not need to respond to this Request at this time. Should Plaintiffs choose to pursue this Request, then UAHuntsville and Plaintiffs will meet and confer to determine the best way to solicit a bid from an ESI provider. 11. All records, including phone logs, indicating any call from the Office of the

Provost or the Office of the President in Shelbie King Hall to any University Police number, whether emergency or non-emergency number, from November 1, 2009, through December 31, 2009. RESPONSE: UAHuntsville adopts and incorporates its Response to Request No. 3.

/s/ Jay M. Ezelle Randal H. Sellers (ASB-3398-E56R) Jay M. Ezelle (ASB-4744-Z72J) Stephen A. Sistrunk (ASB-4229-E63S) STARNES DAVIS FLORIE LLP 100 Brookwood Place Seventh Floor Birmingham, AL 35209 (205) 868-6000 (Telephone) (205) 868-6099 (Facsimile) E-mail: rsellers@starneslaw.com jezelle@starneslaw.com ssistrunk@starneslaw.com

CERTIFICATE OF SERVICE I hereby certify that on February 28, 2013, I served a copy of the foregoing via electronic mail and U.S. Mail to the following: Sam Ingram Brian Mosholder CARPENTER, INGRAM & MOSHOLDER, LLP 303 Sterling Centre 4121 Carmichael Road Montgomery, AL 36106 J. Allen Brinkley BRINKLEY & CHESTNUT 307 Randolph Avenue P.O. Box 2026 Huntsville, AL 35804-2026 Douglas S. Fierberg Peter C. Grenier BODE & GRENIER, LLP Ninth Floor, Connecticut Building 1150 Connecticut Avenue, NW Washington, D.C. 20036 Joe Peddy Ethan R. Dettling SMITH, SPIRES & PEDDY, P.C. Suite 200, 2015 Second Avenue North Birmingham, AL 35203

/s/ Stephen A. Sistrunk Stephen A. Sistrunk (ASB-4229-E63S)

Sign up to vote on this title
UsefulNot useful